As a matter of law the jury verdict in the first Vioxx case is unsustainable on appeal. But the ultimate verdict may be large and there are lots of cases, each one forcing Merck to either litigate or settle.

I taught Products Liability for a long time. This kind of case is a "capital case" in the sense that a tort judgment for even one plaintiff may make it economically impossible for a product to be manufactured and sold. There are especially difficult policy questions when using Risk/Benefit assessment for drugs.

"Only two things are infinite, the universe and human stupidity, and I'm not sure about the former."